Godfrey v. Witten

BARNARD, P. J.

This is an action to quiet title to a lot in the town of Brea in Orange County. This lot was appraised in one of these estates at $3,500 and in the other at $4,500. The case was submitted on stipulated and documentary evidence, and there is no dispute as to the facts.

Margaret Godfrey obtained title to this lot on January 13, 1922, as her separate property. On May 15, 1936, she mar

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ried John Farrell. On December 2, 1937, she recorded a declaration of homestead in which she declared that she was married; that her husband’s name was John Farrell; that she was actually residing on this property with her family, consisting of her said husband and herself; that the cash value of the property was $2,000; that she intended to use and claim said property as a homestead; and that no former declaration of homestead had been made by anyone. There was no statement therein, as required by section 1263 of the Civil Code, that she made the declaration for the joint benefit of herself and her husband; and no statement that she was the head of a family.

On November 30, 1938, Mrs. Farrell and Mr. Farrell executed a property settlement agreement. After stating that by this instrument they desired to and did “forever settle, as between themselves,” all of their property rights “and rights and interest in and to property” of every kind and nature, “now and for all future time,” this agreement provided, among other things, that Mrs. Farrell “is to retain the real estate to which she now has title”; that the parties had no children; that Mrs. Farrell waived and relinquished all right to support from Mr. Farrell, all right to his present or future property, and all right to participate in any way in his estate or to claim homestead rights or family allowance in connection with his estate; that Mr. Farrell “waives, releases and relinquishes” any right to administer upon her estate, “or to claim, receive or have any part of her estate,” and " further agrees that he will not seek to have a homestead set apart to him from her estate ... or to seek any property therefrom ’ ’; that each of them will at any time in the future sign any instrument that might become necessary to enable them or either of them to hold, own or “dispose of such separate property,” in the event that this agreement shall not be sufficient for that purpose; and that said agreement is accepted by them as “a final settlement between them, both for the present and for all future time.”